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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32537
Experience:  Began practicing law in 1992
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If in the judgment for divorce the judge orders that the ex

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If in the judgment for divorce the judge orders that the ex husbands 457B has to be cashed out within a set period of time say 3 months and it is not happening because both lawyers for both sides keep making mistakes on the quadro form even though the ex husbands lawyer was supposed to be doing the paperwork for it since it is the ex husbands 457B. Also the ex wife cannot ask any questions of the nationwide ins co that handles the 457B because it is in his name even though she has to keep paying all the bills since they are in her name even though they were charged by mostly the ex husband. WE ARE TALKING $28,000.00. My daughter has been told again today that there is a glitch in the quadro form but they wont tell her what and it has been 6 months now since the judgement. Can she speak to the Judge herself or does she need a lawyer to get this enforced. She cant afford to keep making these minimum payments and her ex will not help her even though he is supposed to.
Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

A person isn't allowed to speak to a judge about a case if they have a lawyer without going through the lawyer.

In addition, no one can call and speak personally with a judge about a specific case. That is what is known as an ex parte proceeding and is specifically forbidden by the rules. Matters can only be discussed in a case in the courtroom with all parties present. There would have to be some kind of motion filed and a hearing set.
Dwayne B. and 2 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Even though the lawyer is not following the judgment of the judge?Can they drag their feet like this when my daughters credit is at stake and her ex can just laugh and get away with not having to pay anything. Doesnt what the judge rules enforceable? Can they decide they are not going to give her the money out of the 457B even though it was the ruling of the court?

Even though the lawyer is not following the judgment of the judge?

So you mean her lawyer or his?

Can they drag their feet like this...?

Since the order set a specific period of time by which it must be done she can have her lawyer file a Motion for Contempt but they will have a defense if they have tried to do the QDRO and it is rejected by the plan administrator. I know from experience that often the order is correct but it just doesn't look the way the plan administrator wants it to look and so they reject it. The best thing for the lawyers to do is get a copy of one from the plan administrator that they have approved and use it as a guide.

Can they decide they are not going to give her the money out of the 457B even though it was the ruling of the court?

Absolutely not.
Customer: replied 3 years ago.

this is now the fifth time that the QDRO has been rejected and needs revision. You would think that by now someone would get it right. I am glad it has to be honored but in the meantime my daughter is losing faith in her lawyer and her ex husbands that they can get this done. Thank you so much for answering these questions. We did not know where to go to get these answers. I am glad that they do have to honor the ruling but it is sad that it has to take this long. Thanks again.

You're very welcome and you are absolutely right. This reflects badly on the whole legal system.